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DR. JOSEPH C. OKOYE V. DUMEZ NIGERIA LIMITED & ORS.

(1985) JELR 42555 (SC)

Supreme Court  •  SC.89/1984  •  7 Jun 1985  •  Nigeria

Coram
MOHAMMED BELLO JSC; MUHAMMADU LAWAL UWAIS JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC;

Judgement

M. BELLO, J.S.C. (Presided and Delivered the Leading Judgment): This appeal is against the judgment of the Court of Appeal, allowing by a majority of 2 to 1 the appeal of the present Respondents from the judgment of the High Court of the Rivers State holden at Port Harcourt. In the said High Court, the present Appellant as plaintiff had claimed against the present Respondents as defendants jointly and severally as follows:

"(a) A declaration of leasehold title to that certain piece of parcel of land known as and called ANINKPOKWUODU situate being and lying at Choba Ikwerre in the Rivers State of the Federal Republic of Nigeria property of the Plaintiff under the Deed of Lease dated the 6th day of February 1976 and registered as No. 95 at page 95 in Volume 1 of Lands Registry in the Office at Port Harcourt.

(b) N500,000.00 (five hundred thousand Naira) general damages for the acts of trespass committed by the Defendants on the said land without the leave or licence of the Plaintiff; an…

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